I REFER to the excellent commentary by Mustafa K. Anuar, Suhakam sans commissioners.

Suruhanjaya Hak Asasi Manusia Malaysia (Suhakam) or the Human Rights Commission of Malaysia is a statutory body established under the Human Rights Commission of Malaysia Act 1999.

Other than establishing Suhakam, the act also set out its powers and functions.

Suhakam shall be made up of not more than 20 members appointed by the king, upon the recommendation of the prime minister (section 5).

The Commission’s statutory functions are set out in section 4 as follows:

(a) to promote awareness of and provide education in relation to human rights;

(b) to advise and assist the government in formulating legislation, and administrative directives and procedures, and recommend the necessary measures to be taken;

(c) to recommend to the government the subscription or accession of treaties and other international instruments in the field of human rights; and

(d) to enquire into complaints regarding infringements of human rights.

For the purpose of discharging its statutory functions, Suhakam may exercise any or all of the following powers:

(a) to promote awareness of human rights and to undertake research by conducting programmes, seminars and workshops and to disseminate and distribute the results of such research;

(b) to advise the government and/or the authorities of complaints against such authorities and recommend to the government and/or such authorities appropriate measures to be taken;

(c) to study and verify any infringement of human rights in accordance with the provisions of the act;

(d) to visit places of detention in accordance with procedures as prescribed by the laws relating to the places of detention and to make necessary recommendations;

(e) to issue public statements on human rights as and when necessary; and

(f) to undertake any other appropriate activities as are necessary in accordance with the written laws in force, if any, in relation to such activities.

Now, the visit by Suhakam to any place of detention under paragraph (d) above cannot be refused by the person in charge of such place of detention if the procedures provided in the laws regulating such places of detention are complied with.

In the discharge of its functions and the exercise of its powers, Suhakam must have regard to the Universal Declaration of Human Rights 1948 to the extent that it is not inconsistent with the Federal Constitution.

Yet how shall Suhakam discharge its statutory functions and exercise its power when there are no commissioners?

Without commissioners, Suhakam is no more than an empty shell. – July 1, 2022.

* Hafiz Hassan reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.